Rights During a Drug Arrest in Montgomery County

At the time of a drug-related arrest in Montgomery County, a person has three fundamental rights during a drug arrest in Montgomery County under the Fourth, Fifth, and Sixth Amendments. Under the Fourth Amendment, individuals have the right not to be searched without reasonable suspicion of criminal activity and not to be arrested without probable cause that a crime has been committed. These legal standards are essential for later in court if the defense wants to bring a motion to suppress the evidence based on illegal stop and seizure.

After someone has been arrested and in police custody, they have the right under the Fifth Amendment to not incriminate themselves. This is mainly through the right to remain silent, and the Miranda warnings must be read advising someone of this right. Even if they have not been read them by the police officers, an individual does not have to speak about the circumstances of the case or provide anything beyond basic information to the police officers.

Finally, the Sixth Amendment is the right to have an attorney and confront the witnesses against them. If the police are asking someone questions or trying to get them to make decisions without a lawyer present, they have the right to consult a lawyer. They could ask for one immediately at the time of their arrest to indicate they know this right and do not wish to be questioned without a skilled drug attorney. Additionally, later on, they will have the right to have that lawyer question the witnesses against them and cross-examine the testimony of those witnesses.

Consent to Search Motor Vehicle

A person does not need to consent to a search of their vehicle if a police officer stops them on the street, and they are outside the car. If an officer stops someone in their car, they may try to search the vehicle and may have legal grounds to depending on the reason for the stop. Generally, when someone is on a sidewalk, and their vehicle is not on and not being accessed, the police would not have a reason to go inside of it. It is best to speak to a knowledgeable attorney to learn about an individual’s rights during a drug arrest in Montgomery County.

Things to Avoid Discussing With Law Enforcement

When arrested for a drug-related offense, the person should avoid discussing most subjects with the police because they could build a case against them through circumstantial evidence. For example, if someone is arrested in a car that had a controlled substance or prescription pills in the trunk of their vehicle, the police may ask some questions that do not seem to be about their guilt or innocence. They might ask them how long have they had the car, who is the driver, is it registered to them, when is the last time they went into the trunk, their prior location, where they work, and how they make money.

The police would ask many questions to assess a person and engage them in a conversation. The answer and the demeanor of the person might be written down and used as a piece of the officer’s case and arrest. In general, individuals should avoid most subjects when speaking to police, silence can not be used against you in a court of law nor can the request to speak to a drug lawyer be used against you. It is always safest to wait to avoid being arrested.

The exception to this is in driving under the influence (DUI) cases where you do not have the right to consult a lawyer before taking a breath or blood test. For more questions about DUI and chemical test refusal, please reach out to a knowledgeable drug attorney with specific questions as this area of law is constantly evolving and being challenged.

Steps Following a Charge and Arrest

Following a drug-related arrest charge in Montgomery County, individuals have the possibility of going to jail. If sent to jail in Montgomery County, a person should expect the next step to be a hearing where their bail amount is discussed and their case to continue from custody if they are unable to raise the bail amount. There is an opportunity for bail motions to be made before a person gets to the trial date at various hearings.

If they hire a lawyer or their family is able to hire someone, their lawyer will speak to them about the case and their rights. A person who is arrested should never speak on the phone. Those calls are recorded and often used to build cases against people in custody. Any admissions that are made to family members, friends, or spouse about why they were arrested and the circumstances can be played in court during a trial, and an admission of guilt will be strong evidence against them.

How a Drug Attorney Could Help

After a drug arrest, the person arrested is usually unsure of what to do next or concerned about the possible penalties they are facing and do not know what the charges are. They might not know what the police allege they were involved in or what happened. For that reason, they should contact a lawyer. The attorney could walk them through the steps to come in a criminal case.

A criminal lawyer could explain what happens at a preliminary arraignment, a preliminary hearing, a pretrial conference, a formal arraignment, a trial date, and at sentencing. A diligent drug attorney will explain the basic steps that the person arrested is going to go through, what to expect for each type of hearing, and what, if anything, they need to bring to each type of hearing to be prepared. With that information, the defendant can rest peacefully and know that their case is being handled and prepared by a knowledgeable and zealous defense attorney.

Call today to learn more about your rights during a drug arrest in Montgomery County and how an attorney could help.